Res 2004-036 - Laserfiche WebLink

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o the use of the area included within the 1.77 Acre Permanent Easement for any other purpose than a paved roadway including, but not limited to, use for the construction and operation of any type of pipeline, powerline, telephone or telecommunications line; provided, however, that if construction of the roadway is not substantially completed on or before five years from the date of this Amendment, the City shall have no further right, title, or interest in the 1.77 Acre Permanent Easement, but shall have the duty and obligation to restore the 1.77 acres to equal or better condition than the 1.77 acres was in before the City's possession. Construction Provisions in the Agreement: All provisions in the Agreement relating to construction on property within the confines of the Reasoner Tract, including areas within the Temporary and Permanent Easements, shall apply equally to any construction permitted under this Amendment to the Agreement. To the extent the City breaches any of the provisions contained herein or in the Agreement, and the breach is not cured within thirty (30) days after it occurs, the Agreement and this Amendment thereto shall be null and void with no further right, title, or interest in the City to occupy or in anyway use either the Temporary or Permanent Easements for any purpose. To the extent the City holds over in its occupation and use of the Easements, it agrees to pay as liquidated damages $500.00 per day 45~e~fl.~i~g4.~ · _ -_-_ ,__ :. ~ - -4~r4hi~d~mt-)· plus interest at the maximum rate provided by law, compounded annually, until paid, which the parties have agreed represents a fair and reasonable rental figure for the City's use and occupation of the Reasoners' Property. Recordation of Amendment: The City of San Marcos agrees to file this Amendment among the Deed Records of Hays County, Texas, within thirty (30) days after receipt of the Amendment and return -4-